Booth v Bosworth [2001] FCA 1718

FEDERAL COURT OF AUSTRALIA

Booth v Bosworth [2001] FCA 1718

PRACTICE AND PROCEDURE – costs – respondents' conduct likely to have a significant impact on the world heritage values of the Wet Tropics World Heritage Area – prohibitory injunction restraining respondents' conduct granted under subs 475(2) of Environment Protection and Biodiversity Conservation Act 1999 (Cth) – question of appropriate order as to costs – exercise of discretion created by s 43 of Federal Court of Australia Act 1976 (Cth) – whether in the circumstances of the case the costs to be paid to the successful party should be reduced Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 475(2) Federal Court of Australia Act 1976 (Cth) s 43 Booth v Bosworth [2000] FCA 1878 referred to Booth v Bosworth [2001] FCA 1453 cited Yates Property Corporation Pty Ltd v Boland (No. 2) (1997) 147 ALR 685 referred to Oshlack v Richmond River Council (1998) 193 CLR 72 applied Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 cited CAROL JEANETTE BOOTH v ROHAN BRIEN BOSWORTH AND FRANCES BRIEN BOSWORTH Q 163 of 2000 BRANSON J SYDNEY (Heard in Brisbane) (Heard in part via video link) 6 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY Q 163 OF 2000

BETWEEN: CAROL JEANETTE BOOTH

APPLICANT

AND: ROHAN BRIEN BOSWORTH

FIRST RESPONDENT

FRANCES BRIEN BOSWORTH

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 6 DECEMBER 2001

WHERE MADE: SYDNEY (Heard in Brisbane) (Heard in part via video link)

THE COURT ORDERS THAT: 1. The respondents pay the applicant's taxed costs, including reserved costs (if any), of the proceeding other than: (a) the costs covered by the order made by Spender J on 13 December 2000; and (b) the costs of and incidental to the making of further submissions to the Court on 8 August 2001.